US v. Dwight Knibbs, No. 09-6122 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6122 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DWIGHT KNIBBS, a/k/a Paul Bougle, a/k/a Jamaican Paul, Defendant - Appellant. Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr., Senior District Judge. (5:90-cr-00122-FPS-2) Submitted: April 16, 2009 Decided: April 27, 2009 Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Dwight Knibbs, Appellant Pro Se. Robert Hugh McWilliams, Jr., John Castle Parr, Assistant United States Attorneys, Wheeling, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Dwight Knibbs appeals a district court order denying his motion for a sentence reduction under 18 U.S.C. ยง 3582(c) (2006). The district court found Knibbs was not entitled to a lower sentence because his Guidelines sentence did not change after the amendments were applied. We denying find district motion Knibbs the for We affirm. did a not abuse sentence its discretion reduction. United States v. Goines, 357 F.3d 469, 478 (4th Cir. 2004) (stating standard of review). have considered an Insofar as Knibbs suggests the court could even lower sentence below the Guidelines sentencing range, this claim is foreclosed by United States v. Dunphy, 551 F.3d 247, 257 (4th Cir. 2009) ( [A] district judge is not authorized to reduce a defendant s sentence below the amended guideline range. ). Accordingly, motion. legal before we affirm the order denying Knibbs We dispense with oral argument because the facts and contentions the court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 2

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